What Is a PFA in Pennsylvania and How Do You Get One?
A PFA, or Protection From Abuse order, is a civil court order under Pennsylvania's Protection From Abuse Act (23 Pa.C.S. Chapter 61) that directs a family member, household member or current or former intimate partner to stop abusing the person who asked for it. You get one by filing a petition in the county Court of Common Pleas, and under 23 Pa.C.S. 6107(a) a hearing must be held within ten business days of filing, where you must prove the abuse by a preponderance of the evidence.
Section 6106 of the Act makes the process free for the person asking for protection: no plaintiff can be charged fees or costs for filing, issuing, registering or serving a PFA petition or order. The same section requires every county court to give people without a lawyer simplified forms and clerical help in English and Spanish, along with referrals to the local domestic violence program, legal services office and county bar lawyer referral service. In Westmoreland County, the Blackburn Center in Greensburg offers legal advocacy to people considering a PFA and runs a 24-hour hotline at 1-888-832-2272. This post explains who can file, what the law counts as abuse, how the temporary and final orders work, what a PFA can require and how long it lasts.
What Does PFA Mean in Pennsylvania?
A PFA is a civil protection order, not a criminal charge. The person who files is the plaintiff, and the person the order is directed against is the defendant. The order tells the defendant what they must stop doing, where they cannot go and, in some cases, what they must give up, such as firearms.
Because a PFA is civil, the plaintiff does not need the police or the district attorney to file one. A criminal case can run at the same time if police filed charges, but the two cases are separate.
Who Can File for a PFA in Pennsylvania?
Under 23 Pa.C.S. 6106(a), an adult or emancipated minor can file for themselves. A parent, adult household member or guardian ad litem can file on behalf of minor children.
The abuse has to come from someone the Act calls a "family or household member." Section 6102 defines that group as:
Spouses and former spouses
People who live or lived together as spouses
Parents and children, and other people related by blood or marriage
Current or former sexual or intimate partners
People who share biological parenthood
If the person causing harm is not in one of these groups, a PFA is not the right tool. Pennsylvania has a separate law, 42 Pa.C.S. Chapter 62A, for protection orders based on sexual violence or intimidation.
What Counts as Abuse Under the PFA Act?
Section 6102 lists five kinds of conduct that qualify as abuse between family or household members:
Attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury, serious bodily injury or one of the sexual offenses listed in the statute
Placing another person in reasonable fear of imminent serious bodily injury
False imprisonment
Physically or sexually abusing minor children
A course of conduct, such as repeatedly following someone, that places the person in reasonable fear of bodily injury
The second category matters for people who were threatened but not hit. A credible threat that puts you in reasonable fear of imminent serious bodily injury can be enough.
How Does the PFA Process Work?
The process has two main stages: a temporary order that can be issued quickly, and a final order after a hearing where both sides can appear.
The Temporary Order
If the petition alleges an immediate and present danger of abuse to you or your minor children, the court holds an ex parte proceeding under 6107(b), meaning the judge hears from the plaintiff without the defendant present. If the judge finds that danger exists, the court can issue a temporary order that stays in effect until the final hearing. The defendant is then served with the petition and the temporary order.
After-Hours Emergency Orders
Courts are not open at night or on weekends. For those gaps, 23 Pa.C.S. 6110 lets a hearing officer, usually a magisterial district judge, grant limited emergency relief when the court is unavailable. An emergency order issued this way expires at the end of the next business day the court is available, so the plaintiff needs to go to the Court of Common Pleas that next business day to keep protection in place.
The Final Hearing
The final hearing must happen within ten business days of filing. The plaintiff has to prove the abuse by a preponderance of the evidence, which means more likely than not. The court must tell the defendant about the right to a lawyer, the right to present evidence and witnesses, and the possibility of having to give up firearms.
If the defendant was served within three business days of the hearing, 6107(c) entitles them to a continuance until that three-day period passes if they ask for one. Some cases end with an approved consent agreement instead of a contested hearing, and 6108(d) treats those agreements like orders for how long they can last.
What Can a PFA Order Require?
Section 6108(a) gives the judge a wide menu of relief. A PFA can:
Order the defendant to stop abusing the plaintiff and any minor children
Give the plaintiff exclusive possession of a shared home, or require the defendant to provide suitable alternate housing in some cases
Award temporary custody of or temporary visitation with minor children
Order financial support
Bar the defendant from contact, including at the plaintiff's home, school, business or workplace
Order the defendant to give up firearms, other weapons and ammunition
Order the defendant to pay for losses the abuse caused, such as medical bills or repair costs
Prohibit stalking or harassment
Award temporary ownership and possession of a companion animal
On firearms, 6108(a)(7) requires the court to set the time for relinquishment, and that time cannot be later than 24 hours after service of a temporary order or entry of a final order.
Temporary custody inside a PFA is not the same as a full custody case. If you already have a custody order, or you need a longer-term arrangement, a custody action in family court is a separate filing. Our post on what factors determine child custody in Pennsylvania explains how that case works, and the post on how child support is calculated in Pennsylvania covers support outside a PFA.
How Long Does a PFA Last in Pennsylvania?
A final PFA or approved consent agreement lasts for a fixed period of up to three years under 23 Pa.C.S. 6108(d).
It can be extended. Under 6108(e), a court can extend an order if it finds the defendant committed more abuse after the order was entered, showed a pattern of conduct that creates a continued risk of harm, has contempt proceedings pending, or is being released from incarceration within 90 days. The statute places no limit on the number of extensions.
A PFA can also be modified or ended early, but only by the court. A plaintiff who wants to change or withdraw an order has to ask the judge, and the order stays in force until the judge acts on that request.
What Should You Do If a PFA Is Filed Against You?
Take the paperwork seriously from the moment you are served. Read the temporary order closely and follow every term, even if you believe the allegations are false. The order's terms bind you, so if the plaintiff reaches out, the safest course is not to respond and to talk to a lawyer first.
Violating a PFA is not handled like an ordinary civil dispute. Section 6114 treats a violation as indirect criminal contempt, which can bring a fine and jail time, and an arrest can follow. If you are arrested, our guide on what to do after an arrest in Pennsylvania walks through the first steps.
Before the final hearing, gather anything that bears on the allegations: texts, call logs, photos and the names of witnesses. If you own firearms, ask a lawyer how relinquishment works in your county before the deadline in the order.
A PFA can also affect a pending divorce or custody case. If you are in the middle of one, the post on how to file for divorce in Westmoreland County explains where that case sits in the county court system.
FAQ
Does it cost money to file a PFA in Pennsylvania?
No. Under 23 Pa.C.S. 6106(b), a plaintiff cannot be charged fees or costs to file, issue, register or serve a PFA petition or order.
Can I get a PFA against someone I dated but never lived with?
Yes, if the person is a current or former sexual or intimate partner. That relationship is included in the Act's definition of family or household members.
Is a PFA a criminal record?
A PFA is a civil order, not a criminal conviction. Violating one is a different matter: a violation is charged as indirect criminal contempt under 23 Pa.C.S. 6114.
Can a PFA decide who has the kids?
It can award temporary custody or temporary visitation as part of the order. A separate custody case is the place to set a longer-term arrangement.
What happens if I need protection on a weekend?
A magisterial district judge can issue emergency relief under 23 Pa.C.S. 6110 when the court is unavailable. That emergency order ends at the close of the next business day the court is open, so you need to file in the Court of Common Pleas that day.
How long does a final PFA last?
Up to three years. The court can extend it if the conditions in 23 Pa.C.S. 6108(e) are met, and there is no cap on the number of extensions.
Talk to a Family Law Attorney at Bolkovac Law Offices
Bolkovac Law Offices assists clients in obtaining and responding to PFA orders. Attorney Elizabeth J. McCall has practiced law in Pennsylvania since 2000 and has handled family law cases in Westmoreland County for the past 20 years. The firm has offices in Greensburg, Indiana, Murrysville and Uniontown and offers free telephone consultations. Learn more about our protection from abuse services and our wider family law practice.
Visit Bolkovac Law Offices or call 724-837-2626 today. Contact us for more information.
The information in this article is for general information purposes only and should not be taken as legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Every case is different and outcomes depend on the specific facts involved. To discuss your situation, contact Bolkovac Law Offices at 724-837-2626.
Comments